Case Note & Summary
The State of Gujarat filed an acquittal appeal under Section 378(1)(3) of the Criminal Procedure Code, 1973, challenging the judgment and order dated 30.06.2003 passed by the learned Additional Sessions Judge, Fast Track Court, Banaskantha at Palanpur in Sessions Case No. 40 of 2001. The trial court had acquitted respondent No. 4 (original accused No. 4) of all charges, and acquitted respondent Nos. 1, 2, 3, 5 and 6 (original accused Nos. 1, 2, 3, 5 and 6) of charges under Sections 147, 148 and 307 of the Indian Penal Code, 1860 (IPC), but convicted them under Sections 323 and 325 IPC and Section 135 of the Bombay Police Act. The incident occurred on 10.07.2000 when the injured persons were going on a tractor to their field and the accused persons came head-on. There was a prior grudge over parking of a tractor. The accused formed an unlawful assembly and assaulted the complainant's brothers and sister-in-law with weapons like wooden sticks, a scythe, and an iron pipe. The trial court found that the injuries were not dangerous to life and did not attract Section 307 IPC, but amounted to grievous hurt under Section 325 IPC. The State appealed against the acquittal under Section 307 IPC. The High Court, after hearing the learned APP and perusing the record, held that the trial court's view was plausible and not perverse. The injuries were caused by blunt weapons on non-vital parts, and there was no intention to cause death. Therefore, the acquittal under Section 307 IPC was upheld. However, the convictions under Sections 323 and 325 IPC and Section 135 of the Bombay Police Act were confirmed. The appeal was partly allowed, maintaining the trial court's judgment.
Headnote
A) Criminal Procedure Code - Acquittal Appeal - Section 378(1)(3) CrPC - Scope of Interference - The High Court in an appeal against acquittal can interfere only if the trial court's view is perverse or unreasonable, not merely because a different view is possible. The court must give due weight to the presumption of innocence in favor of the accused. (Paras 5-6) B) Indian Penal Code - Attempt to Murder - Section 307 IPC - Intention to Cause Death - For an offence under Section 307 IPC, the prosecution must prove that the accused had the intention to cause death or such bodily injury as is likely to cause death. The nature of injuries, weapons used, and the part of the body targeted are relevant factors. In this case, injuries were caused by blunt weapons on non-vital parts, and no injury was found to be dangerous to life. Hence, the trial court correctly acquitted the accused under Section 307 IPC. (Paras 7-10) C) Indian Penal Code - Grievous Hurt - Section 325 IPC - Voluntarily Causing Grievous Hurt - The trial court convicted the accused under Section 325 IPC based on medical evidence showing fractures and grievous injuries. The High Court upheld the conviction as the injuries were grievous in nature and caused voluntarily. (Paras 11-12) D) Bombay Police Act - Section 135 - Unlawful Assembly - The accused were also convicted under Section 135 of the Bombay Police Act for being members of an unlawful assembly armed with deadly weapons. The High Court upheld this conviction as the evidence showed they were part of an unlawful assembly. (Para 13)
Issue of Consideration
Whether the trial court was justified in acquitting the respondents for offences under Sections 147, 148 and 307 IPC while convicting them under Sections 323 and 325 IPC and Section 135 of the Bombay Police Act, and whether the State's appeal against acquittal under Section 307 IPC should be allowed.
Final Decision
The High Court partly allowed the appeal. The acquittal of the respondents under Sections 147, 148 and 307 IPC was upheld. The convictions under Sections 323 and 325 IPC and Section 135 of the Bombay Police Act were confirmed. The sentences imposed by the trial court were maintained.
Law Points
- Acquittal appeal
- Section 378 CrPC
- Scope of interference in acquittal appeal
- Section 307 IPC
- Attempt to murder
- Intention to cause death
- Nature of injuries
- Section 325 IPC
- Grievous hurt
- Section 323 IPC
- Hurt
- Section 135 Bombay Police Act
- Unlawful assembly
- Common object
